Reasonable Accommodation - North Carolina

1 STATE HUMAN RESOURCES MANUAL Equal Employment Opportunity Revised: December 3, 2020 Reasonable Accommodation Policy Reasonable Accommodation Contents: Policy Definitions Coverage Reasonable Accommodations (Disability) Reasonable Accommodations (Pregnancy) Accommodations that May Not be Considered Reasonable Process to request Reasonable Accommodations Appeals Policy It is the policy of the State of North Carolina to reasonably accommodate qualified individuals with disabilities unless the Accommodation would impose an undue hardship.

2 While many individuals with disabilities can work without Accommodation , other qualifie d applicants and employees face barriers to employment without the Accommodation process. The purpose of this policy is to assist agency and university employers, current employees, and applicants for employment in requesting and processing Reasonable Accommodation requests. The overall intent of this policy is to ensure that the State of North Carolina fully complies with the Americans with Disabilities Act (ADA), Pregnancy Discrimination Act and the Americans with Disabilities Amendment Act, (ADAA) and maintains equal opportunity in employment for all qualified persons with disabilities.

3 Th is policy also prohibits retaliation against employees. Reasonable Accommodation STATE PERSONNEL MANUAL Equal Employment Opportunity Revised: December 3, 2020 Reasonable Accommodation (cont.) Definitions Disability a physical or mental impairment that substantially limits one or more major life ac ti vi ti es; has a record of such an impairment; or being regarded as having such an impairment. Essential Functions the f undamental duties of the position or t he p ri mary reasons t he p osi ti on exists. Qualif ied Individuals with Disabilities - a qualified employee or applicant with a disability is an individual who, with or without Reasonable Accommodation , can perform the essential functions of the job in question.

4 Reasonable Accommodation a modification or adjustment to a job, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to enjoy equal employment opportunities. Undue Hardship - an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation. Coverage This policy applies to all applicants and employees with qualifying disabilities. If requested, Reasonable accommodations must be provided to qualified employees regardless of whether they work part-time or full-time or are considered probationary or non-car e er status , as well as temporary employees.

5 Reasonable Accommodation An employer is required to make a Reasonable Accommodation to the known disability o f a qualified applicant or employee if requested and if it would not impose an "undue hardship" on the operation of the employer's business. Reasonable Accommodation STATE PERSONNEL MANUAL Equal Employment Opportunity Revised: December 3, 2020 Reasonable Accommodation (cont.) Reasonable Accommodation may include, but is not limited to: 1. Making existing facilities used by employees readily accessible to and u sab le b y persons with disabilities such as modifying existing office equipment for an employee in a wheelchair.

6 2. Job restructuring, modifying work schedules, reassignment to a vacant position such as allowing an employee with diabetes regularly scheduled breaks during the workday to eat properly, monitor blood sugar and insulin levels, or allowing an employee with cancer leave to have radiation or chemotherapy treatments. 3. Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters such as providing a deaf applicant a sign language interpreter during the job inter vie w or providing a blind employee someone to read information posted on a b u lle tin board.

7 Agencies may consider proposing temporary Accommodation (s) if the agreed-upon Accommodation cannot be provided immediately. Reasonable Accommodations (Pregnancy) In some circumstances, employees with pregnancy-related impairments may be covered by the ADA. Pregnancy-related impairments must substantially limit pregnancy-related sciatica, gestational diabetes and preeclampsia. Reasonable Accommodation STATE PERSONNEL MANUAL Equal Employment Opportunity Revised: December 3, 2020 Reasonable Accommodation (cont.)

8 Reasonable accommodations may include: 1. Redistributing marginal or nonessential functions (for example, occasional lifting) that a pregnant worker cannot perform, or altering how a non-essential or marginal function is performed. 2. Modifying workplace policies, such as allowing a pregnant worker more frequent breaks or allowing her to keep a water bottle at a workstation even though keeping drinks at workstations is generally prohibited. 3. Modifying a work schedule so that someone who experiences severe morning sickness can arrive later than her usual start time and leave later to make up the time.

9 Accommodations that May Not be Considered Reasonable There are several modifications or adjustments that are not considered forms o f r e aso n ab le Accommodation . An employer does not have to eliminate an essential function from the position, nor is an employer required to lower quality or production standards to make an Accommodation , as long as those standards are applied uniformly to employees with or without a disability. An employer does not have to create a new position to accommodate an employee. An employer is not obligated to provide personal use items needed in accomplishing daily activities both on and off the job ( , eyeglasses, hearing aids, prosthetic limbs, or a wheelchair).

10 Furthermore, an employer is not required to provide personal use amenities, such as a refrigerator, if those items are not provided to employees without disabilities. Reasonable Accommodation STATE PERSONNEL MANUAL Equal Employment Opportunity Revised: December 3, 2020 Reasonable Accommodation (cont.) Process to request Reasonable Accommodation EMPLOYEES: 1. The employee shall inform their supervisor, EEO Officer, or HR Director or design e e of the need for an Accommodation . Supervisors who have been notified by an employee of an Accommodation need should contact the designated EEO or HR official for assistance.